H.F. 2390 Section 1. Section 692A.102, subsection 1, paragraph c, 1 Code Supplement 2011, is amended by adding the following new 2 subparagraph: 3 NEW SUBPARAGRAPH . (032) Solicitation of commercial sexual 4 activity in violation of section 710A.2A. 5 Sec. 2. Section 710A.1, subsection 4, Code 2011, is amended 6 to read as follows: 7 4. a. “Human trafficking” means participating in a venture 8 to recruit, harbor, transport, supply provisions, or obtain a 9 person for any of the following purposes: 10 a. (1) Forced labor or service that results in involuntary 11 servitude, peonage, debt bondage, or slavery. 12 b. (2) Commercial sexual activity through the use of force, 13 fraud, or coercion, except that if the trafficked person is 14 under the age of eighteen, the commercial sexual activity need 15 not involve force, fraud, or coercion. 16 b. “Human trafficking” also means knowingly purchasing or 17 attempting to purchase services involving commercial sexual 18 activity from a victim or another person engaged in human 19 trafficking. 20 Sec. 3. Section 710A.2, Code 2011, is amended by adding the 21 following new subsection: 22 NEW SUBSECTION . 8. A person’s ignorance of the age of the 23 victim or a belief that the victim was older is no defense to a 24 violation of this section. 25 Sec. 4. NEW SECTION . 710A.2A Solicitation of commercial 26 sexual activity. 27 A person shall not entice, coerce, or recruit, or attempt 28 to entice, coerce, or recruit either a person under the age of 29 eighteen or a law enforcement officer or agent representing 30 oneself to be under the age of eighteen, to engage in a 31 commercial sexual activity. A person who violates this section 32 commits a class “D” felony. 33 Sec. 5. Section 728.1, subsection 7, paragraphs e through g, 34 Code 2011, are amended to read as follows: 35 -1- LSB 5149HV (3) 84 jm/rj 1/ 6

H.F. 2390 e. Sadomasochistic abuse of a minor for the purpose of 1 arousing or satisfying the sexual desires of a person who may 2 view a visual depiction of the abuse. 3 f. Sadomasochistic abuse of a person by a minor for the 4 purpose of arousing or satisfying the sexual desires of a 5 person who may view a visual depiction of the abuse. 6 g. Nudity of a minor for the purpose of arousing or 7 satisfying the sexual desires of a person who may view a visual 8 depiction of the nude minor. 9 Sec. 6. Section 728.1, Code 2011, is amended by adding the 10 following new subsection: 11 NEW SUBSECTION . 11. “Visual depiction” means but is 12 not limited to any picture, slide, photograph, digital or 13 electronic image, negative image, undeveloped film, motion 14 picture, videotape, digital or electronic recording, live 15 transmission, or other pictorial or three-dimensional 16 representation. 17 Sec. 7. Section 728.12, subsection 1, Code 2011, is amended 18 to read as follows: 19 1. It shall be unlawful to employ, use, persuade, induce, 20 entice, coerce, solicit, knowingly permit, or otherwise cause 21 or attempt to cause a minor to engage in a prohibited sexual 22 act or in the simulation of a prohibited sexual act. A person 23 must know, or have reason to know, or intend that the act 24 or simulated act may be photographed, filmed, or otherwise 25 preserved in a negative, slide, book, magazine, computer, 26 computer disk, or other print or visual medium, or be preserved 27 in an electronic, magnetic, or optical storage system, or in 28 any other type of storage system visual depiction . A person 29 who commits a violation of this subsection commits a class 30 “C” felony. Notwithstanding section 902.9 , the court may 31 assess a fine of not more than fifty thousand dollars for each 32 offense under this subsection in addition to imposing any other 33 authorized sentence. 34 Sec. 8. Section 728.12, subsection 3, unnumbered paragraph 35 -2- LSB 5149HV (3) 84 jm/rj 2/ 6

H.F. 2390 1, Code 2011, is amended to read as follows: 1 It shall be unlawful to knowingly purchase or possess a 2 negative, slide, book, magazine, computer, computer disk, or 3 other print or visual medium, or an electronic, magnetic, or 4 optical storage system, or any other type of storage system 5 which depicts visual depiction of a minor engaging in a 6 prohibited sexual act or the simulation of a prohibited sexual 7 act. A person who commits a violation of this subsection 8 commits an aggravated misdemeanor for a first offense and a 9 class “D” felony for a second or subsequent offense. For 10 purposes of this subsection , an offense is considered a second 11 or subsequent offense if, prior to the person’s having been 12 convicted under this subsection , any of the following apply: 13 Sec. 9. Section 728.14, Code 2011, is amended to read as 14 follows: 15 728.14 Commercial film and photographic print processor 16 reports of depictions of minors engaged in prohibited sexual 17 acts. 18 1. A commercial film and photographic print processor 19 who has knowledge of or observes, within the scope of the 20 processor’s professional capacity or employment, a film, 21 photograph, video tape, negative, or slide which depicts visual 22 depiction of a minor whom the processor knows or reasonably 23 should know to be under the age of eighteen, engaged in a 24 prohibited sexual act or in the simulation of a prohibited 25 sexual act, shall report the visual depiction to the county 26 attorney immediately or as soon as possible as required in this 27 section . The processor shall not report to the county attorney 28 visual depictions involving mere nudity of the minor, but shall 29 report visual depictions involving a prohibited sexual act. 30 This section shall not be construed to require a processor 31 to review all films, photographs, video tapes, negatives, or 32 slides visual depictions delivered to the processor within the 33 processor’s professional capacity or employment. 34 2. For purposes of this section , “prohibited sexual act” 35 -3- LSB 5149HV (3) 84 jm/rj 3/ 6

H.F. 2390 means any of the following: 1 a. A sex act as defined in section 702.17 . 2 b. An act of bestiality involving a minor. 3 c. Fondling or touching the pubes or genitals of a minor for 4 the purpose of arousing or satisfying the sexual desires of a 5 person who may view a visual depiction of the act. 6 d. Fondling or touching the pubes or genitals of a person by 7 a minor for the purpose of arousing or satisfying the sexual 8 desires of a person who may view a visual depiction of the act. 9 e. Sadomasochistic abuse of a minor for the purpose of 10 arousing or satisfying the sexual desires of a person who may 11 view a visual depiction of the abuse. 12 f. Sadomasochistic abuse of a person by a minor for the 13 purpose of arousing or satisfying the sexual desires of a 14 person who may view a visual depiction of the abuse. 15 g. Nudity of a minor for the purpose of arousing or 16 satisfying the sexual desires of a person who may view a visual 17 depiction of the nude minor. 18 2. 3. A person who violates this section is guilty of a 19 simple misdemeanor. 20 Sec. 10. Section 915.87, subsection 2, paragraph b, Code 21 2011, is amended to read as follows: 22 b. The victim assisting, attempting, or committing a 23 criminal act. This paragraph shall not apply to a victim under 24 the age of eighteen involved in commercial sexual activity as 25 defined in section 710A.1. 26 EXPLANATION 27 This bill relates to obscene material, commercial sexual 28 activity, and human trafficking. 29 The bill modifies the definition of “human trafficking” to 30 include knowingly purchasing or attempting to purchase services 31 involving commercial sexual activity from a victim or another 32 person engaged in human trafficking. 33 The bill specifies a person’s ignorance of the age of a 34 victim or a belief that a victim was older is no defense to 35 -4- LSB 5149HV (3) 84 jm/rj 4/ 6

H.F. 2390 a violation relating to human trafficking under Code section 1 710A.2. 2 A person who knowingly engages in human trafficking commits 3 a criminal offense ranging from a class “D” felony to a class 4 “B” felony depending on the circumstances of the case in Code 5 section 710A.2. 6 The bill creates the criminal offense of solicitation of 7 commercial sexual activity. The bill prohibits a person from 8 enticing, coercing, or recruiting, or attempting to entice, 9 coerce, or recruit a person under the age of 18 or a law 10 enforcement officer or agent representing oneself to be under 11 the age of 18, to engage in commercial sexual activity. 12 A person who commits solicitation of commercial sexual 13 activity is guilty of a class “D” felony and must register as a 14 tier III sex offender. 15 “Commercial sexual activity” is defined in Code section 16 710A.1 to mean any sex act or sexually explicit performance 17 for which anything of value is given, promised to, or received 18 by any person and includes but is not limited to prostitution, 19 participation in the production of pornography, and performance 20 in strip clubs. 21 The bill also defines the term “visual depiction” within 22 Code chapter 728 to include any picture, slide, photograph, 23 digital or electronic image, negative image, undeveloped film, 24 motion picture, videotape, digital or electronic recording, 25 live transmission, or other pictorial or three-dimensional 26 representation. 27 The bill modifies the elements of the criminal offense of 28 sexual exploitation of a minor in Code section 728.12(1) and 29 (3) by substituting references for a computer and other types 30 of storage systems with the term “visual depiction” as defined 31 by the bill. The bill also substitutes “visual depiction” for 32 storage systems referenced in Code section 728.14 to conform 33 with the sexual exploitation of a minor changes in Code section 34 728.12. 35 -5- LSB 5149HV (3) 84 jm/rj 5/ 6

H.F. 2390 In addition, the word “visual” is added before the word 1 “depiction” throughout Code chapter 728 to conform with the 2 changes made by the bill. 3 The changes in the bill to the criminal offense of sexual 4 exploitation of a minor in Code section 728.12(3) are in 5 response to State v. Muhlenbruch, 728 N.W.2d 212 (Iowa 2007). 6 The amendment to Code section 915.87 relates to compensation 7 awarded to a victim of a crime in Code section 915.86. The 8 bill specifies that compensation for an injury will be paid to 9 a victim involved in commercial sexual activity under the age 10 of 18, even if the victim assisted, attempted, or committed a 11 criminal act. 12 -6- LSB 5149HV (3) 84 jm/rj 6/ 6